logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.09.09 2019가합21838
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff, while operating “D” for the collection and collection of earth and stone in the Quarrying located in Jeon-gun, U.S., U.S. (hereinafter “instant Quarrying”), entered into a contract with the Defendant on September 2018 to sell and purchase raw materials extracted from the above Quarrying, and supplied the Defendant an aggregate of KRW 351,549,000 (including value-added tax) from September 27, 2018 to March 30, 2019. The Plaintiff received only KRW 117,00,000 from the Defendant, and thus, the Defendant is obligated to pay the remainder of the KRW 234,549,000, and damages for delay.

B. The party who entered into a sales contract with the defendant for the Quarrying of this case is not a plaintiff but a limited liability company E (a limited liability company F before the change; hereinafter "E"), and the plaintiff does not have a right to claim the tin payment against the defendant.

2. Determination

A. According to Gap evidence Nos. 4, 5, and 6 (including paper numbers; hereinafter the same shall apply) each, around January 2018, the plaintiff entered into a “refient mining service contract” with the content of requesting E to mine Quarrying, and entered into the contract. With respect to the method of payment of the service price, the plaintiff entered into an agreement that “the plaintiff shall pay to E” in proportion to the method paid by the plaintiff’s seller; ② on September 19, 2018, the plaintiff filed a tax invoice that claims KRW 5 million with the supply price of “Magman” with the defendant on September 19, 2018; the defendant remitted KRW 50 million to the plaintiff on September 19, 2018; ③ the plaintiff supplied KRW 25 million to the plaintiff on September 28, 2018; and ③ the plaintiff supplied KRW 1 million to the plaintiff on October 17, 2018; and ④ the plaintiff supplied KRW 281 million to the plaintiff on September 2817, 2018.

arrow